Should We Sell Our Home Before or After Our Divorce?

If you are considering divorce and you and your spouse own a home together, you’ll need to make some decisions about what to do with the property when you are no longer living together. Often, this means selling the home. New York is an equitable distribution state, meaning that a court will make every attempt to ensure that property is divided between you and your ex-spouse as fairly as possible — which may not always mean equally. If selling your home is on the table, you need to know whether it’s better to sell the home before your divorce is finalized, or after. Here’s what you should know.

How Can I Get My Soon to Be Ex Spouse to Leave the Home?

Living with your soon-to-be-ex-spouse under the same roof after you’ve decided to get a divorce can be extremely uncomfortable. If neither of you wants to leave the home, what are your options? Does New York law allow you to evict your spouse? Here’s what you need to know.

Eviction Defined

Eviction is a legal remedy that allows a landlord to require a tenant to leave property the landlord owns or leases. In most cases, this occurs because a tenant has failed to pay their rent on time, or if they’ve committed a crime on the property. If a landlord wishes to evict a tenant, they must pursue a court order that gives them the right to force the unwilling tenant to leave the residence within a certain amount of time and remove their belongings from the property.

What Will Happen to My Bank Accounts in My Divorce?

In the event of a divorce on Long Island, all of a couple’s assets, property, and debts are divided between them in a process known as Equitable Distribution. Under New York law, this is done equitably, meaning fair but not necessarily equal. Here’s what you need to know about what may happen to your bank accounts after your divorce and how to get legal help to protect your financial assets as you dissolve your marriage.

Robert E. Hornberger on Podcast Discusses Marital Residence

Attorney Robert E. Hornberger, Esq., of Hornberger Verbitsky, P.C., appears on Eye on Real Estate, a podcast and radio show with Dottie Hermann, CEO of Douglas Elliman, the fourth leading real estate firm in America. He discusses topics related to splitting the marital residence in New York and distributing separate and marital property in a divorce. Eye on Real Estate is dedicated to exploring mortgage news and market trends and answering tough real estate questions asked by listeners.

Before Choosing a Family Law Attorney or Divorce Lawyer

If you’re considering getting divorced, working with a Long Island family law attorney or divorce lawyer is critical. Your attorney can be a great asset to you if you select the right one. Here’s what to understand about choosing a divorce attorney:

Long Island Divorce Options

Before selecting an attorney to represent you in your divorce, it’s important to understand what options are available to you and to have realistic expectations of the entire process. If you choose a family law lawyer who is skilled in divorce mediation because you want to resolve your divorce amicably, but your ex-spouse contests nearly every aspect of the divorce, you could be stuck litigating a settlement with an attorney who doesn’t have the expertise to represent you in the courtroom.

Here’s what you need to know about aligning your options for divorce with your goals and your current situation to choose a Long Island divorce lawyer that best fits your needs: (more…)

Do You Need a Long Island Prenuptial Agreement If You Have No Assets?

Many people on Long Island believe that prenuptial agreements are for affluent or older couples who have prior assets and are entering into marriage. They believe that since they’re young and have few assets, a prenup isn’t for them. However, this isn’t usually the case. Prenuptial agreements can put protections in place for all soon-to-be wed couples, even if they don’t have a lot of money to their name. Here’s what you need to know about Long Island prenuptial agreements and how one can protect your interests, well-to-do or not. (more…)

I am a paralegal in an unrelated field of law. I phoned Hornberger Verbitsky, P.C. today intending to refer a client to their office. Instead (and despite that we are the midst of the present crisis), Mr. Hornberger himself graciously accommodated my questions over the telephone, and was generous with his time and adroit in his response, saving our client a small fortune in unnecessary legal fees. I have not had any similar experience, in which counsel was so generous with his expertise, in 22+ years of interacting with prominent, local attorneys, and the client is overjoyed. Based on this experience, I would now whole -heartedly recommend this firm as trusted professionals to any client requiring a firm expert in family law and related legal issues.

Everett Roberts

14:30 18 Mar 20

Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.

Annemarie Cusumano

21:41 17 Mar 20

Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.

Steven Frierman

02:25 07 Mar 20

After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you

Randi Gottlieb

18:47 03 Mar 20

Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!

Reviews

I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!

I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

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Long Island Divorce Attorneys, Divorce Lawyers, Divorce Mediators, Family Law Attorneys serving Nassau County, Suffolk County and the five boroughs of New York City.

Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full Privacy Policy

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